SOVEREIGNTY FICTIONS IN THE UNITED KINGDOM'S TRADE AGENDA

IF 1.6 2区社会学 Q1 LAW

International & Comparative Law Quarterly Pub Date : 2022-07-01 DOI:10.1017/S0020589322000173

C. Gammage, P. Syrpis

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引用次数: 1

Abstract

Abstract This article explores how sovereignty fictions have been used to advance different legal, political and economic aims in the articulation of the United Kingdom's future approach to global regulation. By mapping the transformative shifts in sovereignty paradigms, this article highlights the disconnect between the absolutist sovereignty popularised in the UK government's political rhetoric and the concept of regulatory sovereignty that underpins the UK's future trading strategy. To maintain its status as a global leader in regulation and standards-setting, the UK government will need to diffuse power and delegate autonomy through networked orders of public and private actors. These competing sovereignty paradigms are analysed with reference to European Union (EU) law and practice, to highlight the opportunities and challenges for the UK as an independent trade actor. This article concludes by evaluating how sovereignty fictions can disrupt the objectives of the UK's proposed ‘common law’ approach to regulatory governance and discusses the policy interventions that may be required to enable the UK to harness its potential as a regulatory leader.

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英国贸易议程中的主权虚构

摘要本文探讨了在阐述英国未来的全球监管方法时，主权虚构是如何被用来推进不同的法律、政治和经济目标的。通过绘制主权范式的变革性转变，本文强调了英国政府政治言论中流行的绝对主义主权与支撑英国未来贸易战略的监管主权概念之间的脱节。为了保持其在监管和标准制定方面的全球领导者地位，英国政府需要通过公共和私人行为者的网络命令分散权力并下放自主权。这些相互竞争的主权模式是参照欧盟（EU）的法律和实践进行分析的，以突出英国作为独立贸易参与者的机遇和挑战。本文最后评估了主权虚构如何破坏英国拟议的“普通法”监管治理方法的目标，并讨论了可能需要的政策干预，以使英国能够发挥其作为监管领导者的潜力。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

International & Comparative Law Quarterly LAW-

CiteScore

3.20

自引率

10.00%

发文量

期刊介绍： The International & Comparative Law Quarterly (ICLQ) publishes papers on public and private international law, comparative law, human rights and European law, and is one of the world''s leading journals covering all these areas. Since it was founded in 1952 the ICLQ has built a reputation for publishing innovative and original articles within the various fields, and also spanning them, exploring the connections between the subject areas. It offers both academics and practitioners wide topical coverage, without compromising rigorous editorial standards. The ICLQ attracts scholarship of the highest standard from around the world, which contributes to the maintenance of its truly international frame of reference. The ''Shorter Articles and Notes'' section enables the discussion of contemporary legal issues and ''Book Reviews'' highlight the most important new publications in these various fields. The ICLQ is the journal of the British Institute of International and Comparative Law, and is published by Cambridge University Press.